The list of the federal courts of appeals enforcing unambiguous anti-assignment provisions in ERISA health benefit plans continues to grow: almost exactly one year ago, the Third Circuit joined its sister circuits in holding βthat anti-assignment clauses in ERISA-governed health insurance plans as a general matter are enforceable.β As the Third Circuit opinion noted, every circuit court to address the issue β seven to date (the First, Second, Third, Fifth, Ninth, Tenth, and Eleventh) β has reached this same conclusion of law.
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